Question

In McCulloch v. Maryland, the Supreme Court invoked which provisions of the constitution?

Tenth Amendment and spending clause
commerce clause and supremacy clause
necessary and proper clause and supremacy clause
taxing power and necessary and proper clause

Answer 1

In McCulloch v. Maryland, the Supreme Court invoked the necessary and proper clause and the supremacy clause.

Step-by-step explanation:

In the case of McCulloch v. Maryland, in 1819, the United States Supreme Court pronounced a landmark decision on federalism in the United States. The State of Maryland had attempted to interfere with the operation of a branch of the federal Second Bank of the United States by charging a tax on all banknotes issued by non-Maryland banks. The Supreme Court declared the law that impose the tax unconstitutional because it conflicted with Congress's implicit legislative powers based on the "necessary and proper" clause of Article 1 of the United States Constitution. The clause gives Congress the power to pass laws beyond the explicitly stated catalog of jurisdictions, as long as these laws are "necessary and proper" to implement the explicitly named legislative powers. The case-law on implicit competences has been incorporated into international law and other legal systems as an implied powers doctrine.

Since the United States Constitution precedes the laws of the states, states could not prevent or defend competent laws of Congress by their own legislation.

Answer 2

The answer to this question: In McCulloch v. Maryland, the Supreme Court invoked which provisions of the Constitution, would be: the necessary and proper clause and the supremacy clause.

Step-by-step explanation:

The McCulloch vs. Maryland case, as a response to the financial crisis of 1819, established two landmarks, when the Supreme Court ruled first, that the state of Maryland did not have the power to tax the National Bank, as it was a federal institution, and therefore, the state did not have the power to interfere in a federal institution, especially when it came to taxing, and second, that the power of the federal government and its institutions superseded those of states. In this instance two provisions were invoked from the Constitution: The Necessary and Proper Clause and the Supremacy Clause, which curtail the rights of states to impose taxes on federal institutions, and also, that establish that the federal government reigns supreme over states.